JACCARINO v. SUPERMARKETS GEN. CORP.


252 A.D.2d 572 (1998)

676 N.Y.S.2d 606

Joseph Jaccarino, Respondent, v. Supermarkets General Corporation, Doing Business as Pathmark, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 27, 1998


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendant's contentions, evidence indicating that it specifically instructed its security guards to refrain from physical contact with customers does not compel the conclusion that, as a matter of law, the security guard in question was acting beyond the scope of his employment when he allegedly assaulted the plaintiff (see, Riviello v Waldron, 47...

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